Last updated: March 1, 2023
Introduction
Welcome to the Warheads® Soda, Candy Spray, Sour Candy, Sour Spray website (the “Site”). This Site is operated by Impact Confections (“Warheads“, “we“, “us” and “our“). These Terms and Conditions (“Terms”) set forth the terms under which you may use our Site and Service. Please read them carefully.
By accessing or using the Site, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree, you may not access or use the Site.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Eligibility and Account Creation
To use certain features of the Site, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes.
You must be at least 13 years old to use the Site. If you are under 18 years old (or the legal age in your jurisdiction), you may only use the Site under the supervision of a parent or legal guardian who has agreed to these Terms.
Prohibited Activities
You agree not to do any of the following, unless applicable law mandates prior notice from us or our consent before undertaking these activities:
- Copy or distribute any part of the Site without our prior written authorization;
- Transmit any viruses, worms, defects, Trojan horses, malware or any other items of a destructive nature;
- Circumvent any access restrictions, security measures or other features of the Site;
- Reproduce, duplicate, copy, sell, trade, resell or exploit any part of the Site for any commercial purpose;
- Frame or utilize framing techniques to enclose any portion or aspect of the Site;
- Use any meta tags, pay-per-click advertising, or any other “hidden text” that references the Site without our prior written consent;
- Systematically download any portion of the Site in a manner that could overload, impair or disrupt the Site or our servers;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Site; or
- Override any security feature or bypass or circumvent any access controls or use limits of the Site.
Any use of the Site not expressly permitted herein is strictly prohibited.
Intellectual Property Rights
The Site contains valuable trademarks, service marks, copyrighted material, trade secrets, patents, design rights, database rights and other intellectual property rights that are owned by us and/or our licensors (collectively, “Intellectual Property”).
You do not acquire any ownership rights by using the Site. You agree not to challenge, contest or otherwise impair our ownership of the Intellectual Property.
The content on the Site, including text, graphics, logos, trademarks, service marks, trade names, images, animations, videos, music and software (“Content”), and the compilation and arrangement thereof, is the exclusive property of Warheads and its licensors and is protected by copyright and other intellectual property law.
Limited License to Use Content
We grant you a limited, revocable, non-transferable, non-sublicensable license to access and use the Site and Content solely for your own personal use. Any other use of the Site or Content not expressly permitted herein is strictly prohibited. This limited license:
- Does not give you any ownership rights in the Site or Content;
- Does not grant you any right to distribute, lend, lease, rent, show, perform, or otherwise transfer any rights to the Site or Content to third parties;
- Does not allow you to sublicense any rights granted herein; and
- May be terminated or revoked by us at any time for any reason.
You may not modify, disassemble, decompile, reverse engineer, reproduce, republish, post, transmit, resell, distribute, or create derivative works from the Site or Content in any way without our prior written consent. You may not incorporate the Site or Content into any other website or product. Any use of the Site or Content not expressly permitted herein constitutes a material breach of these Terms and may violate our intellectual property and other rights.
Trademarks
The Warheads name and logo, and other marks indicated on the Site are trademarks owned by us. Other product, brand and company names mentioned on the Site may be trademarks or registered trademarks of their respective owners. You may not use any trademarks displayed on the Site without the prior written consent of the owner, except as permitted herein or otherwise by applicable law.
User Content
You retain all intellectual property ownership rights over content you submit or post to the Site (“User Content“). However, by submitting User Content, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide license to use, store, display, reproduce, modify, adapt, edit, publish, translate, create derivative works from, incorporate into other works, distribute, perform, disclose and sublicense your User Content, in whole or in part, in any media formats and channels now known or later developed.
You represent and warrant that: (a) you own or have the necessary rights and consents to use and authorize us to use all User Content as described herein; (b) such use does not violate these Terms and will not cause injury to any person or entity; and (c) you will indemnify and hold us harmless from any liability in connection with User Content.
We have the right to monitor, edit, disclose, remove or disable access to any User Content for any reason at our discretion. However, we have no obligation to monitor User Content, and we are not responsible for any User Content posted by you or other users.
Feedback
If you choose to provide suggestions, ideas, proposals, graphics, photographs, audio, video or any other information to us through the Site or any other method (“Feedback”), you grant us a perpetual, fully transferable, non-exclusive, royalty-free, worldwide license to use, copy, display, distribute, modify and otherwise exploit the Feedback for any purpose, without any obligation of compensation, acknowledgment or attribution to you. You represent and warrant that you have all rights necessary to grant us this license.
Third-Party Content and Links
The Site may contain links to or display content from third-party websites (“Third-Party Content“). We provide Third-Party Content only as a convenience and are not responsible for any Third-Party Content. Your use of Third-Party Content is at your own risk and subject to the terms and conditions of such third party sites.
Disclaimers and Limitations on Liability
The site and all content are provided on an “as is” and “as available” basis, without representations or warranties of any kind. We disclaim all express and implied warranties, including warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the site is free from bugs, vulnerabilities, viruses or other harmful components. You assume full responsibility for your use of the site.
Under no circumstances shall Warheads be liable to you for any indirect, incidental, special, consequential, or punitive damages arising from or in connection with your access or use of, or inability to access or use, the site and content. This limitation applies regardless of the legal theory under which the damages are sought, and even if we have been advised of the possibility of such damages or loss.
In no event shall Warheads’ total liability to you from all damages, losses, and causes of action exceed one hundred U.S. dollars ($100).
Certain jurisdictions do not allow the disclaimer of implied warranties or the exclusion of certain damages, so parts of the above disclaimers and limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold Warheads harmless from and against all claims and damages arising out of: (a) your use of the Site that is not expressly authorized herein; (b) your violation of these Terms or any applicable law; (c) User Content you submit or transmit through the Site; or (d) your violation of any third party rights. You agree to reimburse Warheads on demand for any loss, liability, cost, damage or expense, including reasonable attorneys’ fees, that Warheads incurs arising from the foregoing.
Governing Law
These Terms shall be governed by the laws of the State of California without giving effect to any principles of conflicts of laws. You agree that any legal action against Warheads arising from or relating to the Site or these Terms must be filed and heard exclusively in a federal or state court located in Los Angeles County, California. You hereby irrevocably consent to the personal jurisdiction and venue of such courts.
Modifications to Site and Terms
We reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We also reserve the right to modify these Terms by posting updated Terms on the Site. Your continued use of the Site signifies acceptance of the modified Terms. You should review the Terms each time you visit the Site to ensure you have read and agree to the current version. If at any time you do not agree with the Terms, you should immediately cease using the Site.
Severability
If any provision of these Terms is invalid, illegal or incapable of being enforced by applicable law, then such provision will be excluded to the extent necessary, and the remainder of the Terms will remain in full force and effect.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, and any attempt to do so will be void. We may freely assign, delegate or transfer these Terms and our rights and obligations hereunder.
Contact Us
If you have any questions about these Terms, please contact us at:
Warheads® Soda, Candy Spray, Sour Candy, Sour Spray
123 Main St.
Anytown, CA 12345
Email: [email protected]
Entire Agreement
These Terms constitute the entire agreement between you and Warheads regarding your access to and use of the Site. These Terms supersede any prior agreements between you and Warheads relating to your access to or use of the Site.
Thank you for visiting the Warheads® Soda, Candy Spray, Sour Candy, Sour Spray website!
